Planning

To ask the Secretary of State for Northern Ireland how objects and structures referred to in article 31/7 of the Planning (Northern Ireland) Order 1972, are protected when they are not included in the charge registered in the stututory charges register as outlined in red on the statutory charges map; and how protection is enforced when the listing encumbrance is not recognisable as being registered.

[holding answer 27 July 1988]: The fact that objects and structures referred to in article 31(7) of the Planning (Northern Ireland) Order 1972 are not included in the charge registered in the statutory charges register as outlined in red on the statutory charges map does not lessen their protection under the order.

The entry in the statutory charges register which indicates that a building has been entered on a list of buildings of special architectural or historic interest compiled under article 31 of the order draws the attention of the public to the provisions of article 31 including paragraph 7.

In order to make the position as clear as possible, two changes were made in listing documentation some 18 months ago. The first was a specific note referring to the purport of article 31 (7) of the order which is available for public inspection. Secondly, a similar note was added to the notice of listing sent to each owner.

The operation of the listed building enforcement procedures contained in the 1972 order falls to the Department as the listing authority to form a judgment whether specific objects or stuctures fall within the ambit of article 31(7).